South Carolina General Assembly
116th Session, 2005-2006
Journal of the Senate

Wednesday, April 12, 2006
(Statewide Session)


Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:00 P.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.

A quorum being present, the proceedings were opened with a devotion by Senator SHORT as follows:

Beloved, as we come within the shadow of the Christian's Good Friday and the Jewish Passover, hear the words of the Epistle to the Hebrews (11:23-28):

"By faith Moses... left Egypt, not being afraid of the anger of the king; for he endured as seeing Him who is   invisible. By faith he kept the Passover and sprinkled the blood, so that the destroyer of the first-born might   not touch them..."

Let us pray.

Our Father, we thank You for this profound and wonderful season of the year - so filled with the evidences of mankind's degradation and so full of hope from our God.

We are grateful for the uplift that comes to the Jews when they remember the meaning of Passover - the victory of life over death!

We thank You for the message of joy that comes to Christians as we look at the cross and the open, empty tomb!

Let us always remember that there is hope in the grace and power of the Almighty God!
Amen!

Point of Quorum

At 2:06 P.M., Senator MARTIN made the point that a quorum was not present. It was ascertained that a quorum was not present.

Call of the Senate

Senator MARTIN moved that a Call of the Senate be made. The following Senators answered the Call:

Alexander                 Anderson                  Bryant
Campsen                   Cleary                    Courson
Cromer                    Drummond                  Fair
Ford                      Gregory                   Grooms
Hawkins                   Hayes                     Hutto
Jackson                   Knotts                    Leatherman
Leventis                  Lourie                    Malloy
Martin                    Matthews                  McConnell
McGill                    Mescher                   O'Dell
Patterson                 Peeler                    Pinckney
Reese                     Richardson                Ritchie
Ryberg                    Scott                     Setzler
Sheheen                   Short                     Thomas
Verdin                    Williams

A quorum being present, the Senate resumed.

Recorded Presence

Senator ELLIOTT recorded his presence subsequent to the Call of the Senate.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 3059
Agency: Department of Transportation
SUBJECT: Highway Advertising Control Act
Received by Lieutenant Governor April 12, 2006
Referred to Transportation Committee
Legislative Review Expiration March 19, 2007

Doctor of the Day

Senator COURSON introduced Dr. John L. Eady of Columbia, S.C., Doctor of the Day.

S. 1295--CO-SPONSORS ADDED

S. 1295 (Word version) -- Senator Cromer: A BILL TO AMEND ARTICLE 7, CHAPTER 17, TITLE 16 OF THE 1976 CODE, RELATING TO MISCELLANEOUS CRIMES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-525 TO MAKE IT UNLAWFUL FOR A PERSON TO WILFULLY OR MALICIOUSLY DISTURB OR INTERRUPT A FUNERAL SERVICE.

On motion of Senator HAWKINS, with unanimous consent, the names of Senators SHEHEEN, LOURIE, HAWKINS, ALEXANDER, ANDERSON, BRYANT, CAMPSEN, CLEARY, COURSON, DRUMMOND, ELLIOTT, FAIR, FORD, GREGORY, GROOMS, HAYES, HUTTO, JACKSON, KNOTTS, LAND, LEATHERMAN, LEVENTIS, MALLOY, MARTIN, MATTHEWS, MCCONNELL, MCGILL, MESCHER, MOORE, O'DELL, PATTERSON, PEELER, PINCKNEY, RANKIN, REESE, RICHARDSON, RITCHIE, RYBERG, SCOTT, SETZLER, SHORT, J. VERNE SMITH, THOMAS, VERDIN and WILLIAMS were added as co-sponsors of S. 1295.

S. 1286--CO-SPONSOR ADDED

S. 1286 (Word version) -- Senators Ritchie and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-875 SO AS TO PROVIDE THAT THE COURT MAY ORDER A NONCUSTODIAL PARENT WHO IS UNEMPLOYED OR UNDEREMPLOYED TO PARTICIPATE IN AN EMPLOYMENT TRAINING PROGRAM OR PUBLIC SERVICE EMPLOYMENT, TO PROVIDED THAT UPON FAILURE OF THE PARENT TO COMPLY WITH SUCH AN ORDER, THE COURT MAY ISSUE A WARRANT FOR THE PARENT'S ARREST; AND TO PROVIDE THAT COURT ADMINISTRATION SHALL APPROVE THE ELIGIBILITY CRITERIA, ACCOUNTABILITY, AND IMPLEMENTATION PROGRAM OF SUCH A PROGRAM.

On motion of Senator FORD, with unanimous consent, the name of Senator FORD was added as a co-sponsor of S.1286.

S. 518--CO-SPONSORS ADDED

S. 518 (Word version) -- Senator Short: A BILL TO AMEND TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER PROTECTION CODE, BY ADDING CHAPTER 20 SO AS TO ENACT THE "CONSUMER IDENTITY THEFT PROTECTION ACT", TO PROHIBIT CERTAIN CHARGES BY A CONSUMER CREDIT REPORTING AGENCY, TO PROVIDE FOR THE ESTABLISHMENT OF AN IDENTITY THEFT DATABASE, TO PROVIDE AN EXPEDITED COURT PROCEDURE FOR CLEARING THE NAME OF AN IDENTITY THEFT VICTIM, TO PROVIDE STRICT REQUIREMENTS FOR IDENTITY VERIFICATION BY A CREDIT CARD ISSUER, TO PROVIDE FOR THE BLOCKING OF INACCURATE CREDIT REPORT INFORMATION RESULTING FROM IDENTITY THEFT, TO PROVIDE A PERSON RECEIVING A SELLER OR LENDER CREDIT CARD SOLICITATION IS NOT LIABLE FOR THE UNAUTHORIZED USE OF THE CREDIT CARD UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT THE CREDIT AGENCY'S NOTICE AND REPORTING REQUIREMENTS CONFORM TO THOSE OF THE FEDERAL FAIR CREDIT REPORTING ACT.

On motion of Senator JACKSON, with unanimous consent, the names of Senators JACKSON, FORD and MATTHEWS were added as co-sponsors of S. 518.

MOTION ADOPTED

Senator McCONNELL asked unanimous consent to make a motion that upon conclusion of the Motion Period, the Senate agreed to go into Executive Session.

There was no objection and the motion was adopted.

RECALLED AND COMMITTED

H. 3109 (Word version) -- Reps. M.A. Pitts, E.H. Pitts, Taylor, Mahaffey and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-160 SO AS TO PROVIDE THAT A SCHOOL BUS DRIVER SHALL HAVE A PHYSICAL PERFORMED BY A PHYSICIAN OR NURSE PRACTITIONER BEFORE THE TESTING REQUIRED TO OPERATE A SCHOOL BUS AND PROVIDE FOR THE REPORTING OF THE RESULTS OF THE EXAMINATION.

Senator RYBERG asked unanimous consent to make a motion to recall the Bill from the Committee on Transportation.

There was no objection.

The Bill was recalled from the Committee on Transportation.

Senator RYBERG asked unanimous consent to commit the Bill to the Committee on Medical Affairs.

There was no objection.

The Bill was committed to the Committee on Medical Affairs.

RECALLED

H. 4870 (Word version) -- Reps. Taylor, Duncan and M.A. Pitts: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 221 IN LAURENS COUNTY FROM ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 39 TO ITS INTERSECTION WITH SOUTH CAROLINA HIGHWAY 72 THE "JOE B. MEDLOCK MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "JOE B. MEDLOCK MEMORIAL HIGHWAY".

Senator RYBERG asked unanimous consent to make a motion to recall the Concurrent Resolution from the Committee on Transportation.

There was no objection.

The Concurrent Resolution was recalled from the Committee on Transportation and ordered placed on the Calendar for consideration tomorrow.

RECALLED

S. 1246 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 7-7-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF VOTING PRECINCTS IN KERSHAW COUNTY, SO AS TO DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD.

Senator SHEHEEN asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.

There was no objection.

The Bill was recalled from the committee and ordered placed on the Calendar for consideration tomorrow.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1340 (Word version) -- Senator Alexander: A SENATE RESOLUTION CONGRATULATING MISS ERIKA GRACE POWELL OF EASLEY, SOUTH CAROLINA, ON BEING CROWNED MISS SOUTH CAROLINA 2005 AND COMPETING IN THE 2006 MISS AMERICA PAGEANT, RECOGNIZING HER MANY ACCOMPLISHMENTS, AND WISHING HER MUCH SUCCESS IN ALL OF HER FUTURE ENDEAVORS.
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The Senate Resolution was adopted.

S. 1341 (Word version) -- Senator Richardson: A SENATE RESOLUTION HONORING AND CONGRATULATING MRS. CARRIE COLEMAN ROBINSON OF HILTON HEAD, SOUTH CAROLINA, ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY, APRIL 21, 2006, AND WISHING HER A WONDERFUL CELEBRATION AND MANY MORE YEARS OF HEALTH AND HAPPINESS.
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The Senate Resolution was adopted.

S. 1342 (Word version) -- Senator Jackson: A SENATE RESOLUTION TO COMMEND THE LIEUTENANT GOVERNOR'S OFFICE ON AGING, DIVISION ON AGING SERVICES SHIP PROGRAM WHICH PROVIDES MEDICARE COUNSELING TO SENIORS, THE DISABLED COMMUNITY, THEIR FAMILIES, AND CAREGIVERS.
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The Senate Resolution was adopted.

S. 1343 (Word version) -- Senator Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-444 SO AS TO PROVIDE THAT EACH SCHOOL SHALL PROVIDE FOR AT LEAST TWENTY MINUTES OF MANDATORY RECESS DURING THE SCHOOL DAY FOR STUDENTS IN KINDERGARTEN THROUGH FIFTH GRADE WITH THE CHILD CHOOSING THE ACTIVITY TO PARTICIPATE IN DURING THAT PERIOD.
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Senator THOMAS spoke on the Bill.

Read the first time and referred to the Committee on Education.

S. 1344 (Word version) -- Senator Mescher: A BILL TO AMEND CHAPTER 3, TITLE 20 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-165, RELATING TO CONTACT BETWEEN A CHILD AND EACH PARENT, SO AS TO PROMOTE CONTACT INFORMATION AND VIRTUAL PARENT-TIME ACCESS WITH A CHILD WHEN IT IS IN THE CHILD'S BEST INTERESTS.
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Read the first time and referred to the Committee on Judiciary.

S. 1345 (Word version) -- Senator Fair: A BILL TO AMEND SECTION 40-39-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION OF TERMS USED IN THE REGULATION OF PAWNBROKERS, SO AS TO REVISE THE DEFINITION OF "PLEDGED GOODS"; TO AMEND SECTION 40-39-100, RELATING TO CHARGES ON LOANS, SO AS TO REMOVE THE TWO THOUSAND DOLLAR CAP ON THE AMOUNT OF MONEY A PAWNBROKER MAY LOAN; AND TO AMEND SECTION 40-39-150, AS AMENDED, RELATING TO ADMINISTRATIVE FINES AND PENALTIES FOR VIOLATIONS, SO AS TO PROVIDE THAT CERTAIN CRIMINAL PENALTIES ARE DISCRETIONARY RATHER THAN MANDATORY.
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Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 1346 (Word version) -- Senator Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-115 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL PROVIDE PUBLIC NOTICE PRIOR TO THE ISSUANCE OF A CONSTRUCTION PERMIT FOR A FACILITY THAT STORES SLUDGE OR OTHER RESIDUALS AND THAT IS NOT LOCATED AT THE SITE OF AN EXISTING WASTEWATER OR SLUDGE TREATMENT FACILITY.
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Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 1347 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 16-11-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENTRY ON ANOTHER'S LAND FOR VARIOUS PURPOSES WITHOUT PERMISSION, SO AS TO EXTEND THE PROVISIONS OF THE TRESPASS TO INCLUDE A PERSON'S HUNTING DOGS.
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Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 1348 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO END-OF-COURSE TESTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 3056, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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Read the first time and ordered placed on the Calendar without reference.

S. 1349 (Word version) -- Senators Richardson and Pinckney: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REVIEW AND RENAME CERTAIN VOTING PRECINCTS OF BEAUFORT COUNTY AND REDESIGNATE A MAP NUMBER FOR THE MAP ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD, AND TO ADD A PROVISION TO AUTHORIZE THE BEAUFORT COUNTY BOARD OF ELECTIONS AND REGISTRATION, WITH THE APPROVAL OF A MAJORITY OF THE BEAUFORT COUNTY LEGISLATIVE DELEGATION, TO DETERMINE THE POLLING PLACES FOR THE PRECINCTS IN BEAUFORT COUNTY.
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Read the first time and, on motion of Senator RICHARDSON, with unanimous consent, S. 1349 was ordered placed on the Calendar without reference.

REPORTS OF STANDING COMMITTEES

Senator HUTTO from the Committee on Judiciary submitted a favorable report on:

S. 17 (Word version) -- Senators Hutto, McConnell, Mescher, Fair and Ford: A BILL TO AMEND SECTION 56-5-2940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR OPERATING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR, DRUGS, OR NARCOTICS, SO AS TO PROVIDE THAT A VIOLATION OF SECTION 56-5-2930 OR SECTION 56-5-2933 CONSTITUTES A PRIOR OFFENSE FOR PURPOSES OF DETERMINING SUBSEQUENT VIOLATIONS IN ACCORDANCE WITH SECTION 56-5-2940.

Ordered for consideration tomorrow.

Senator HAWKINS from the Committee on Judiciary submitted a favorable with amendment report on:

S. 220 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 56-5-2942, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMMOBILIZATION OF A VEHICLE AFTER A PERSON IS CONVICTED OF CERTAIN ALCOHOL RELATED OFFENSES, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES AND NOT THE COURT MUST IDENTIFY ALL VEHICLES REGISTERED TO THE CONVICTED PERSON, TO DELETE THE PROVISION THAT ASSESSES A FINE AGAINST A PERSON WHO FALSIFIES A REPORT CONCERNING VEHICLES OWNED BY OR REGISTERED TO THE CONVICTED PERSON, TO DELETE THE FEE THAT THE COURT MUST ASSESS FOR EACH MOTOR VEHICLE OWNED BY OR REGISTERED TO A PERSON CONVICTED OF CERTAIN ALCOHOL RELATED OFFENSES; TO ESTABLISH A REINSTATEMENT FEE THAT MUST BE PAID TO THE DEPARTMENT; AND TO MAKE A TECHNICAL CORRECTION.

Ordered for consideration tomorrow.

Senator GREGORY from the Committee on Judiciary submitted a favorable with amendment report on:

S. 924 (Word version) -- Senator Cromer: A BILL TO AMEND SECTION 29-15-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIENS FOR REPAIRS OR STORAGE OF ARTICLES AND SALE OF ARTICLES, SO AS TO PROVIDE THAT PROPRIETORS, OWNERS, OR OPERATORS OF TOWING COMPANIES, STORAGE FACILITIES, GARAGES, OR REPAIR SHOPS WHO PROVIDE ESTIMATES FOR REPAIRS MAY CAUSE ARTICLES LEFT IN THEIR SHOPS FOR AN ESTIMATE OF REPAIRS TO BE SOLD BY A MAGISTRATE IN THE COUNTY WHERE THE ESTIMATE OF REPAIRS WAS DONE.

Ordered for consideration tomorrow.

Senator RITCHIE from the Committee on Judiciary submitted a favorable with amendment report on:

S. 1154 (Word version) -- Senators Fair, Peeler, Verdin, Land, O'Dell, Mescher, Short, Martin, Alexander and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 22 TO ARTICLE 30, CHAPTER 7, TITLE 20 OF THE 1976 CODE SO AS TO ENACT THE "INTERSTATE COMPACT FOR JUVENILES" WHICH, AMONG OTHER THINGS, PROVIDES FOR AN INDEPENDENT COMPACT OPERATING AUTHORITY TO ADMINISTER ONGOING COMPACT ACTIVITY, GUBERNATORIAL APPOINTMENTS OF REPRESENTATIVES FOR ALL MEMBER STATES ON A NATIONAL GOVERNING COMMISSION, RULE-MAKING AUTHORITY, A MANDATORY FUNDING MECHANISM SUFFICIENT TO SUPPORT ESSENTIAL COMPACT OPERATIONS, AND COLLECTION OF STANDARDIZED INFORMATION; AND TO REPEAL SUBARTICLE 21, ARTICLE 30, CHAPTER 7, TITLE 20, RELATING TO THE INTERSTATE COMPACT ON JUVENILES.

Ordered for consideration tomorrow.

Senator HUTTO from the Committee on Judiciary submitted a favorable report on:

S. 1268 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 16-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO INCLUDE THE OFFENSE OF TRAFFICKING COCAINE BASE AS A VIOLENT CRIME.

Ordered for consideration tomorrow.

Senator RITCHIE from the Committee on Judiciary submitted a majority favorable with amendment and Senator RANKIN a minority unfavorable report on:

H. 3588 (Word version) -- Reps. Whipper, Sinclair, J.H. Neal, Brady, Barfield, Weeks, Hosey, Govan, Lucas, Harrison, Anderson, Bowers, Breeland, Hamilton, Haskins, Hayes, M. Hines, Littlejohn, Mahaffey, Phillips, Pinson, W.D. Smith, Taylor, Walker, Bailey and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO PROVIDE THAT COMMON LAW MARRIAGE IN THE STATE MAY NOT BE RECOGNIZED ON AND AFTER JANUARY 1, 2006, AND TO PROVIDE AN EXCEPTION FOR A COMMON LAW MARRIAGE EXISTING AS OF DECEMBER 31, 2005; AND TO REPEAL SECTION 20-1-360 RELATING TO THE VALIDITY OF A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable report on:

H. 3665 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA BILL OF RIGHTS DAY" BY ADDING SECTION 53-3-166 SO TO ESTABLISH DECEMBER FIFTEENTH OF EACH YEAR AS BILL OF RIGHTS DAY, AND TO ENCOURAGE ALL GOVERNMENTAL BODIES TO OBSERVE THE ANNUAL BILL OF RIGHTS DAY IN A MANNER THAT EMPHASIZES THE DOCUMENT'S MEANING AND IMPORTANCE.

Ordered for consideration tomorrow.

Senator MESCHER from the General Committee submitted a favorable report on:

H. 4313 (Word version) -- Reps. J. Brown, Clark, Altman, G.R. Smith, Loftis, Moody-Lawrence, Toole, Vick and R. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-185 SO AS TO PROVIDE THAT THE FIRST FRIDAY IN MAY OF EACH YEAR IS DECLARED TO BE "VIETNAM VETERANS SURVIVORS' DAY" IN SOUTH CAROLINA.

Ordered for consideration tomorrow.

Invitations Accepted

Senator ALEXANDER from the Committee on Invitations has polled the following invitations with a favorable report on:

Poll of the Invitations Committee
Polled 11; Ayes 11, Nays 0; Not Voting 0

AYES

Alexander                 Patterson                 McGill
Reese                     Knotts                    O'Dell
Elliott                   Ford                      Grooms
Verdin                    Campsen

Total--11

NAYS

Total--0

Tuesday, April 18, 2006 - Upon Adjournment
Members of the Senate and Staff, Lunch, State House Grounds, by SC State Firemen's Association

Tuesday, April 18, 2006 - 6:30-8:00 PM
Members of the Senate, their spouses and attaches, BBQ, Cantey Building - Fairgrounds, by The Citadel

Wednesday, April 19, 2006 - 8:00-10:00 AM
Members of the Senate, Breakfast, 221 Blatt, by Boys and Girls Club

Wednesday, April 19, 2006 - Noon-2:00 PM
Members of the Senate and staff, Lunch-"Taste of SC", State House Grounds, by Hospitality Association of SC

Wednesday, April 19, 2006 - 6:00-8:00 PM
Members of the Senate, spouses and staff, Reception, Willy's & Blue Marlin by SC Junior Golf Association

Thursday, April 20, 2006 - 8:00-10:00 AM
Members of the Senate and staff, Breakfast, 221 Blatt by SC Ambulatory Surgery Centers Association

Tuesday, April 25, 2006 - 6:00-8:00 PM
Members of the Senate and staff, Reception, SC Beer Wholesalers Association by SC Beer Wholesalers Association

Wednesday, April 26, 2006 - 8:30-10:00 AM
Members of the Senate and staff, Breakfast, 221 Blatt, by Partnership for Prescription Assistance

Wednesday, April 26, 2006 - 12:00-2:00 PM
Members of the Senate, Beach Music Day, South Side of the Statehouse by Beach Music Association International

Wednesday, April 26, 2006 - 6:00-8:00 PM
Members of the Senate, Reception, The University House, by Spartanburg Chamber of Commerce

Thursday, April 27, 2006 - 8:00-10:00 AM
Members of the Senate and staff, Breakfast, Blatt 221, by Health Sciences of SC

Message from the House

Columbia, S.C., April 6, 2006

Mr. President and Senators:

The House respectfully informs your Honorable Body that it insists upon the amendments proposed by the House to:

H. 3841 (Word version) -- Reps. Talley, Bowers, Cotty, Clark, Chellis, Martin, Skelton, Davenport, McGee, Altman, Bailey, Brady, Harrison, J. Hines, Leach, Miller, Moody-Lawrence, Phillips, Rice, Scarborough, Scott, W.D. Smith, Young, Jennings, Coleman, Hagood, Pinson and Loftis: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 34 SO AS TO ENACT THE "SOUTH CAROLINA RETAIL FACILITIES REVITALIZATION ACT" INCLUDING PROVISIONS TO PROVIDE PROPERTY TAX CREDITS OR INCOME TAX CREDITS FOR REHABILITATION EXPENSES MADE TO ELIGIBLE SITES WHICH HAVE BEEN USED AS RETAIL SALES OR SERVICE FACILITIES.
asks for a Committee of Conference, and has appointed Reps. Kirsh, Lucas and Talley to the committee on the part of the House.
Very respectfully,
Speaker of the House

Received as information.

H. 3841--CONFERENCE COMMITTEE APPOINTED

H. 3841 (Word version) -- Reps. Talley, Bowers, Cotty, Clark, Chellis, Martin, Skelton, Davenport, McGee, Altman, Bailey, Brady, Harrison, J. Hines, Leach, Miller, Moody-Lawrence, Phillips, Rice, Scarborough, Scott, W.D. Smith, Young, Jennings, Coleman, Hagood, Pinson and Loftis: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 34 SO AS TO ENACT THE "SOUTH CAROLINA RETAIL FACILITIES REVITALIZATION ACT" INCLUDING PROVISIONS TO PROVIDE PROPERTY TAX CREDITS OR INCOME TAX CREDITS FOR REHABILITATION EXPENSES MADE TO ELIGIBLE SITES WHICH HAVE BEEN USED AS RETAIL SALES OR SERVICE FACILITIES.

Whereupon, Senators O'DELL, HUTTO and VERDIN were appointed to the Committee of Conference on the part of the Senate and a message was sent to the House accordingly.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolution was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 4881 (Word version) -- Reps. Cobb-Hunter, Mitchell, Clyburn, Hosey, Hodges, Govan, Howard, J.H. Neal, J. Hines, Funderburk, Haley, Mack, Branham, Breeland, J. Brown, R. Brown, Hardwick, M. Hines, Hinson, Jefferson, McCraw, McGee, Ott, Rivers, Scott, F.N. Smith, Vaughn, Weeks, Whipper and Young: A JOINT RESOLUTION TO CREATE THE CHRONIC KIDNEY DISEASE TASK FORCE, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES, INCLUDING DEVELOPING A PLAN TO EDUCATE THE PUBLIC AND HEALTH CARE PROFESSIONALS ABOUT EARLY SCREENING, DIAGNOSIS, AND TREATMENT AND PROVIDING RECOMMENDATIONS FOR IMPLEMENTATION OF SUCH A PLAN; AND TO REQUIRE THE TASK FORCE TO SUBMIT ITS REPORT AND RECOMMENDATIONS BEFORE THE 2007 LEGISLATIVE SESSION, AT WHICH TIME THE TASK FORCE IS ABOLISHED.

AMENDED, READ THE THIRD TIME
RETURNED TO THE HOUSE

H. 4324 (Word version) -- Reps. Ceips, Altman, Loftis, Coates, Moody-Lawrence and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 80 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE HUNTING ISLAND STATE PARK SPECIAL LICENSE PLATES.

The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.

Motion Under Rule 26B

Senator SHORT asked unanimous consent to make a motion to take up further amendments on H. 4324, pursuant to the provisions of Rule 26B.

There was no objection.

Senator SHORT proposed the following amendment (4324R001.LHS), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:

/   SECTION   __.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Section 56-3-9800.   (A)   The Department of Motor Vehicles may issue a special commemorative 'Breast Cancer Awareness' motor vehicle license plate to establish a special fund to be used by the Department of Health and Environmental Control for the purpose of expanding the services provided by the Best Chance Network. The special license plates, which must be of the same size and general design of regular motor vehicle license plates, must be imprinted with the nationally recognized breast cancer symbol with numbers as the department may determine. The plates are for annual periods as provided by law. The fee for this special license plate is thirty-five dollars each year in addition to the regular motor vehicle registration fee as set forth in Article 5, Chapter 3 of this title.

(B)   One half of the thirty-five dollar annual fee collected over that required by Article 5, Chapter 3 of this title must be deposited in a separate fund for the Department of Health and Environmental Control and be used solely to expand the services of the Best Chance Network. The remaining one half of the fee must be distributed to the South Carolina chapter of the American Cancer Society.

(C)   Before the department produces and distributes a plate authorized under this section, it must receive:

(1)   four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected within four years of the first issuance of the license plate, then the department must retain the deposit; and

(2)   a plan to market the sale of the special license plate that must be approved by the department.

(D)   If the department receives less than three hundred biennial applications and renewals for a particular special license plate authorized under this section, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted."       /

Renumber sections to conform.

Amend title to conform.

Senator SHORT explained the amendment.

The amendment was adopted.

There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.

COMMITTEE AMENDMENT ADOPTED
READ THE SECOND TIME

S. 1209 (Word version) -- Senator Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 64 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE SOUTH CAROLINA AQUARIUM SPECIAL LICENSE PLATES.

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.

The Committee on Transportation proposed the following amendment (AGM\18313CM06), which was adopted:

Amend the bill, as and if amended, Section 56-3-7500(C)(1), as contained in SECTION 1, page 2, by deleting / one / on line 11 and inserting / four / .

Renumber sections to conform.

Amend title to conform.

The committee amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.

COMMITTEE AMENDMENT ADOPTED, CARRIED OVER

H. 4644 (Word version) -- Rep. Cooper: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGH SCHOOL LEAGUE TO SCHEDULE THE ANNUAL STATE HIGH SCHOOL FOOTBALL CHAMPIONSHIPS AT A FACILITY ON THE CAMPUS OF OTHER COLLEGES OR UNIVERSITIES WHICH MEET THE SAME SEATING CAPACITY AND OTHER CRITERIA AS THE WILLIAMS-BRICE STADIUM AT THE UNIVERSITY OF SOUTH CAROLINA IN ORDER TO EXPOSE THE PARTICIPANTS IN THE EVENT TO OTHER COLLEGES AND UNIVERSITIES IN WHICH THEY MAY BE INTERESTED IN ATTENDING.

The Senate proceeded to a consideration of the Concurrent Resolution, the question being the adoption of the Resolution.

The Senate Education Committee proposed the following amendment (GGS\22532SJ06), which was adopted:

Amend the concurrent resolution, as and if amended, page 2, line 10, by adding after /   South Carolina   / the following:

/   or the stadium of the largest historically black public university in the State   /

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the committee amendment.

The committee amendment was adopted.

On motion of Senator HUTTO, the Concurrent Resolution was carried over, as amended.

CARRIED OVER

H. 4195 (Word version) -- Rep. Perry: A BILL TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 100 TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ISSUE "PARROT HEAD" SPECIAL LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED FOR THESE SPECIAL LICENSE PLATES TO THE SOUTH CAROLINA PARROT HEAD CLUB COUNCIL TO BE USED TO SUPPORT THE PALMETTO CHAPTER OF THE ALZHEIMER'S ASSOCIATION AND THE UPSTATE SOUTH CAROLINA CHAPTER OF THE ALZHEIMER'S ASSOCIATION.

On motion of Senator SHORT, the Bill was carried over.

THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

On motion of Senator MARTIN, the Senate agreed to dispense with the Motion Period.

EXECUTIVE SESSION

At 2:32 P.M., by prior motion of Senator McCONNELL, the Senate agreed to go into Executive Session.

At 2:53 P.M., on motion of Senator McCONNELL, the seal of secrecy was removed and the Senate reconvened.

HAVING DISPENSED WITH THE MOTION PERIOD, THE SENATE PROCEEDED TO A CONSIDERATION OF BILLS AND RESOLUTIONS RETURNED FROM THE HOUSE.

CONCURRENCE

S. 1264 (Word version) -- Senator Leventis: A BILL TO AMEND ACT 470 OF 1971, AS AMENDED, RELATING TO THE VOCATIONAL EDUCATION SCHOOL FOR SUMTER COUNTY AND THE BOARD OF TRUSTEES OF THE CAREER CENTER BOARD, SO AS TO PROVIDE THAT EFFECTIVE JULY 1, 2006, THE BOARD OF TRUSTEES OF THE CAREER CENTER SHALL BECOME AN ADVISORY BOARD TO THE BOARDS OF TRUSTEES OF SUMTER SCHOOL DISTRICTS 2 AND 17 AND THE DUTIES, POWERS, AND FUNCTIONS OF THE BOARD OF TRUSTEES OF THE CAREER CENTER ARE DEVOLVED JOINTLY UPON THE BOARD OF TRUSTEES OF SUMTER SCHOOL DISTRICTS 2 AND 17 ON JULY 1, 2006, AND TO PROVIDE THAT BEGINNING JULY 1, 2006, THE SUPERINTENDENTS OF SUMTER SCHOOL DISTRICTS 2 AND 17 SHALL TOGETHER EMPLOY A DIRECTOR OF THE CENTER WHO SHALL SERVE AS SUPERVISOR AND FISCAL AGENT OF THE SCHOOL UNDER THE DIRECTION OF THE SUPERINTENDENTS.

The House returned the Bill with amendments.

On motion of Senator LEVENTIS, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.

DEBATE INTERRUPTED

H. 4449 (Word version) -- Reps. Cotty, Harrell, Merrill, Walker, Ballentine, Limehouse, E.H. Pitts, Haley, Clark, Townsend, Altman, Anthony, Bailey, Bingham, Bowers, Cato, Ceips, Chellis, Clyburn, Coleman, Cooper, Dantzler, Davenport, Delleney, Duncan, Edge, Frye, Hagood, Harrison, Haskins, Herbkersman, Hinson, Leach, Littlejohn, Loftis, Mahaffey, Martin, Phillips, Pinson, M.A. Pitts, Rhoad, Sandifer, Scarborough, F.N. Smith, G.M. Smith, J.R. Smith, Thompson, Toole, Tripp, Umphlett, Vaughn, White, Whitmire, Young, Bales, Lucas, Kirsh, Huggins, Brady, Hamilton, McGee and Stewart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO IMPOSE AN ADDITIONAL TWO PERCENT SALES AND USE TAX, TO EXEMPT THE SALE OF UNPREPARED FOOD, TO PROVIDE AN ADDITIONAL EXEMPTION EQUAL TO ONE HUNDRED PERCENT OF THE FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY FROM THE PROPERTY TAX, TO PROVIDE FOR THE MANNER, AMOUNT, AND CONDITIONS UNDER WHICH REVENUES IN THE HOMESTEAD EXEMPTION FUND SHALL BE DISBURSED TO PROPERTY TAXING ENTITIES OF THIS STATE, TO ADD SECTION 4-9-56 SO AS TO LIMIT THE MILLAGE PROPERTY TAXING ENTITIES OF THIS STATE MAY IMPOSE ON PROPERTY OTHER THAN OWNER-OCCUPIED RESIDENTIAL PROPERTY, TO REPEAL SECTIONS 12-37-223A, 12-37-270, 12-43-217, 12-43-250, 12-43-260, AND 12-43-295, ALL RELATING TO PROPERTY TAX.
(ABBREVIATED TITLE)

The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.

Senator MATTHEWS was recognized to speak on the Bill.

On motion of Senator MATTHEWS, debate was interrupted by adjournment.

MOTION ADOPTED

On motion of Senator McCONNELL, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. James Grego of Charleston, S.C.

ADJOURNMENT

At 3:58 P.M., on motion of Senator MATTHEWS, the Senate adjourned to meet tomorrow at 11:00 A.M.

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